Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65453 of 2024 Arising Out of PS. Case No.-275 Year-2024 Thana- SURSAND District- Sitamarhi ====================================================== Shailendra Kumar S/o- Ram Janam Singh Vill- Koryahi ward no 07, PSSursand Dist-Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Smiti Bharti, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sursand P.S. Case No. 275 of 2024 dated 08.06.2024 registered for the offences punishable u/ss 341, 323, 379, 307, 504, 506 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, on the issue of flowing of water from the roof, the petitioner and the coaccused persons are alleged to have surrounded the informant and some altercation took place between them. Thereafter, the co-accused, Ram Janam Singh and Shailendra Kumar (petitioner) inflicted blows of iron rod and danda on the head of

Patna High Court CR. MISC. No.65453 of 2024(2) dt.30-09-2024 2/3 the informant causing injury on his head. When the parents of the informant came to rescue, the co-accused, Raghuvendra Kumar, Ram Janam Singh and Shailendra Kumar (petitioner) assaulted them with lathi, danda, iron rod causing injury to them. The wife of the co-accused, Raghuvendra Kumar and Shailendra Kumar dragged them on the road and also snatched mangalsutra of the informant's wife and cash of Rs. 50,000/- from his pocket. On hulla, villagers came and saved the informant and his family members. The informant was taken to the hospital for treatment.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a land dispute between the parties. As per the injury report of the injured (Annexure-2), the injuries are simple in nature. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.65453 of 2024(2) dt.30-09-2024 3/3 named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Sursand P.S. Case No. 275 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T